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Desai Namberumal Chettiar Vs. Narainsawmi Chettiar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.1023
AppellantDesai Namberumal Chettiar
RespondentNarainsawmi Chettiar
Cases ReferredSiva Panda v. Jugusti Panda
Excerpt:
joint decree against several persons - satisfaction of decree by one--contribution--liability of son. - - 1. there was a joint decree for costs against the plaintiff and the defendant's father and the plaintiff has satisfied the decree.wallis, j.1. there was a joint decree for costs against the plaintiff and the defendant's father and the plaintiff has satisfied the decree. prima facie there is a liability on the part of the defendant's father siva panda v. jugusti panda 25 mp. 590 and such liability is enforceable against the defendant and his son. there is no evidence that the plaintiff has any trust funds in hand from which he can recoup himself. the decree will be set aside and there will be judgment for the plaintiff with casts throughout.
Judgment:

Wallis, J.

1. There was a joint decree for costs against the plaintiff and the defendant's father and the plaintiff has satisfied the decree. Prima facie there is a liability on the part of the defendant's father Siva Panda v. Jugusti Panda 25 MP. 590 and such liability is enforceable against the defendant and his son. There is no evidence that the plaintiff has any trust funds in hand from which he can recoup himself. The decree will be set aside and there will be judgment for the plaintiff with casts throughout.


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